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I´ve changed the title of my previous thread as it addresses a different theme.
I want to inform you about the situation (as far as I can) that I´m living in if someone is able to bring a little light..
The complainant has received coaching to testify before the trial and we have evidence of it. In addition, she refuses to give her consent to investigate in this matter and she was informed of possible consecuences.
The judge at the hearing decided to take a few days to give an answer.
The day before the verdict CPS presents information in their favour (out of time). The judge the next day dismisses our arguments and says that there can be a trial.
After 3 days we still do not have the complete sentence with the arguments .. And I´m still asking myself what the hell is happening there??
Without being able to give concrete details in a public forum I can say that the Court of Appeal gave a guide on "Witness Familiarization" among others with these points:
"None of the material should bear any similarity whatever to the issues in the criminal proceedings to be attended by the witnesses, and nothing in it should play upon or trigger the witness's recollection of events."
... .mock cross-examination or rehearsals of particular lines of questioning that Counsel proposes to follow are not permitted. "
Is it necessary to maintain records of all those present?
In particular, in criminal cases, the participants need to sign a written confirmation that the course materials do not bear any similarity to any forthcoming case.
Why can not barristers be instructed in the case of this themselves?
The Guidance makes it clear that none of those involved in the witness familiarization process should have any "personal knowledge" of the case.
Do the details of the training have to be disclosed?
In criminal cases, the Guidance sets out in detail what needs to be done. If prosecution witnesses are to be involved in a Witness Familiarization program, the CPS must be kept informed and may comment on the proposed program.
It has broken all this points in the coaching that this person has received.
A trial cannot take place in these circumstance, when the accused is already in a position of indefension.
Thank you and happy holidays.
I want to inform you about the situation (as far as I can) that I´m living in if someone is able to bring a little light..
The complainant has received coaching to testify before the trial and we have evidence of it. In addition, she refuses to give her consent to investigate in this matter and she was informed of possible consecuences.
The judge at the hearing decided to take a few days to give an answer.
The day before the verdict CPS presents information in their favour (out of time). The judge the next day dismisses our arguments and says that there can be a trial.
After 3 days we still do not have the complete sentence with the arguments .. And I´m still asking myself what the hell is happening there??
Without being able to give concrete details in a public forum I can say that the Court of Appeal gave a guide on "Witness Familiarization" among others with these points:
"None of the material should bear any similarity whatever to the issues in the criminal proceedings to be attended by the witnesses, and nothing in it should play upon or trigger the witness's recollection of events."
... .mock cross-examination or rehearsals of particular lines of questioning that Counsel proposes to follow are not permitted. "
Is it necessary to maintain records of all those present?
In particular, in criminal cases, the participants need to sign a written confirmation that the course materials do not bear any similarity to any forthcoming case.
Why can not barristers be instructed in the case of this themselves?
The Guidance makes it clear that none of those involved in the witness familiarization process should have any "personal knowledge" of the case.
Do the details of the training have to be disclosed?
In criminal cases, the Guidance sets out in detail what needs to be done. If prosecution witnesses are to be involved in a Witness Familiarization program, the CPS must be kept informed and may comment on the proposed program.
It has broken all this points in the coaching that this person has received.
A trial cannot take place in these circumstance, when the accused is already in a position of indefension.
Thank you and happy holidays.